Section 77B IT Act: Offences with three years imprisonment to be bailable

Section 77B IT Act sets special rules on arrest and bail for offences under the IT Act, overriding anything contrary in the Code of Criminal Procedure, 1973. Although the heading mentions only bailable offences, the text covers both cognizability and bailability. First, an offence punishable with imprisonment of 3 years and above is cognizable, so the police can register an FIR and arrest without a warrant. Second, an offence punishable with imprisonment of 3 years is bailable, so the accused has a right to be released on bail.

Read together, an IT Act offence punishable with imprisonment of 3 years is both cognizable and bailable under Section 77B IT Act. An offence punishable with imprisonment above 3 years is made cognizable by Section 77B IT Act, while the bailability rule in Section 77B IT Act covers only offences punishable with imprisonment of 3 years.

The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024. Section 77A IT Act governs compounding of eligible offences, and Section 78 IT Act requires a police officer not below the rank of Inspector to investigate offences under the IT Act. Section 38 of Act 10 of 2009 substituted the present Sections 77, 77A and 77B IT Act for the original Section 77 IT Act with effect from 27 October 2009.